You are here: / / EVEN THOUGH THE PEDESTRIAN DID NOT HAVE THE RIGHT OF WAY WHEN HE CROSSED...

EVEN THOUGH THE PEDESTRIAN DID NOT HAVE THE RIGHT OF WAY WHEN HE CROSSED THE STREET, QUESTION OF FACT WHETHER DRIVER COULD HAVE AVOIDED STRIKING HIM.

The First Department, reversing Supreme Court, determined defendant’s motion for summary judgment should not have been granted in this pedestrian traffic accident. Plaintiff pedestrian conceded he did not have the right of way when he crossed in a crosswalk. There was a question of fact whether the driver could have seen the pedestrian and avoided the accident:

Plaintiff pedestrian testified that he was struck by defendant’s vehicle while crossing the street within the crosswalk, but conceded that he did not have the right of way when he entered the street (… Vehicle and Traffic Law § 1112;…). Nevertheless, when viewing the evidence in the light most favorable to plaintiff, triable issues of fact exist as to the relative positions of plaintiff and defendant at the time of the accident, and whether defendant could have seen plaintiff before the accident and failed to exercise due care to avoid the accident … . Sylvester v Velez, 2017 NY Slip Op 00390, 1st Dept 1-19-17

NEGLIGENCE (EVEN THOUGH THE PEDESTRIAN DID NOT HAVE THE RIGHT OF WAY WHEN HE CROSSED THE STREET, QUESTION OF FACT WHETHER DRIVER COULD HAVE AVOIDED STRIKING HIM)/PEDESTRIANS (EVEN THOUGH THE PEDESTRIAN DID NOT HAVE THE RIGHT OF WAY WHEN HE CROSSED THE STREET, QUESTION OF FACT WHETHER DRIVER COULD HAVE AVOIDED STRIKING HIM)/TRAFFIC ACCIDENTS (EVEN THOUGH THE PEDESTRIAN DID NOT HAVE THE RIGHT OF WAY WHEN HE CROSSED THE STREET, QUESTION OF FACT WHETHER DRIVER COULD HAVE AVOIDED STRIKING HIM)

You might also like
IN THIS SLIP AND FALL CASE, QUESTIONS OF FACT WHETHER BUS COMPANY LIABLE FOR FAILURE TO PROVIDE A SAFE PLACE FOR PASSENGERS TO DISEMBARK AND FAILURE TO NOTIFY PORT AUTHORITY OF NEED FOR REPAIR (FIRST DEPT).
ADMISSION OF BUSINESS RECORDS WITHOUT THE PROPER FOUNDATION REQUIRED REVERSAL OF THE ATTEMPTED MURDER CONVICTION (FIRST DEPT).
METROPOLITAN OPERA STAR’S NEGLIGENCE SUIT STEMMING FROM A FALL DURING A PERFORMANCE SURVIVED A MOTION DISMISS WHICH ARGUED SHE WAS AN EMPLOYEE AND THE WORKERS’ COMPENSATION LAW WAS HER ONLY REMEDY.
AS PLAINTIFF WAS REMOVING DUCTS FROM THE CEILING, A PORTION OF A DUCT STRUCK PLAINTIFF AND THE A-FRAME LADDER CAUSING HIM AND THE LADDER TO FALL TO THE FLOOR; IT IS ENOUGH THAT THE LADDER WAS “UNSECURED;” PLAINTIFF NEED NOT SHOW THE LADDER WAS DEFECTIVE (FIRST DEPT). ​
NO NOTICE OF ALLEGED SKIDDING AND SHAKING OF ESCALATOR, RES IPSA LOQUITUR NOT APPLICABLE.
PLAINTIFF ALLEGED THE LANDLORD’S FAILURE TO REPAIR SHOWER-CURTAIN BRACKETS CREATED THE DANGEROUS WATER-ON-THE-FLOOR CONDITION WHICH CAUSED THE SLIP AND FALL; AN OPEN AND OBVIOUS CONDITION CAN STILL BE A DANGEROUS CONDITION; LANDLORD’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (FIRST DEPT).
DOCTRINE OF RES IPSA LOQUITUR MAY APPLY TO WINDOW FALLING ONTO PLAINTIFF, DEFENDANT BUILDING MANAGER’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (FIRST DEPT).
REAR DRIVER MUST TAKE WEATHER CONDITIONS INTO ACCOUNT WHEN FOLLOWING ANOTHER CAR, PLANTIFF’S SUMMARY JUDGMENT MOTION PROPERLY GRANTED IN THIS REAR-END COLLISION CASE.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

LEASE WAS NOT AN ATTEMPT TO THWART (NYC) RENT CONTROL AND WAS THEREFORE VALID... HEARING NECESSARY TO ASSESS ATTORNEY’S FEES, CRITERIA EXPLAINED.